What's Happening?
An appeals court in Brussels has ruled on the scope of EU design rights, determining that dog waste bag holders resembling Longchamp's Le Pliage bag do not infringe on the company's registered design.
The case involved Longchamp's claim against Vadigran, a pet accessories wholesaler, which marketed leather pouches for dog waste bags under the 'Nobby' brand. Longchamp argued that these products unlawfully reproduced its protected design. However, the court found that the design features in question, such as the flap with a snap fastener and the overall shape, were dictated by technical function and thus not protected under EU design law. The court also dismissed Vadigran's counterclaim that Longchamp's design was invalid, affirming that the design possessed individual character beyond technical necessity.
Why It's Important?
This ruling highlights the limitations of EU design rights, particularly in the fashion and accessories industry. While these rights are crucial for protecting the visual identity of products, they do not extend to features that are functionally necessary. The decision underscores the balance courts must maintain between protecting design innovation and preventing monopolization of functional features. For companies like Longchamp, this case serves as a reminder of the challenges in enforcing design rights across different product categories and markets. The outcome may influence how fashion brands approach design protection and litigation strategies in the future.
